Who bears liability for Arsh (discretionary compensation) in consequential harm?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The Arsh due in cases of consequential harm must be paid from the perpetrator's personal wealth (mal) and is not borne by the 'Aqilah (the deceased's collateral relatives). This is because the injury remains an intentional assault (Jinayah 'amd), and Qisas was not applied only due to the lack of precise equivalence between the original cutting and the resulting paralysis.